Madonna has won a copyright infringement lawsuit in an appeal over a tiny section in her song "Vogue.” The case alleged that one of her producers Shep Pettibone used a small segment from another song.

Finally, Pop Star Madonna has won the appeal of a copyright over a tiny section in her song "Vogue." The suit alleged that one of the song's producer Shep Pettibone, used a small segment,  had copied a fraction of a second of a horn arrangement from an earlier song.  

A US appeal court in Pasadena, CA, ruled that, audience would not recognize the 0.23-second horns snippet in Vogue as copied  from the song Love Break by the Salsoul Orchestra. The plaintiff, VMG Salsoul LLC, which owns the copyright to the song love “break” could not immediately react to the issue.

The producer  Shep Pettibone worked on "Love Break" as well as "Vogue." He recorded Love Break in the early 80s. VMG Salsoul alleged that Pettibone had sampled the “horn hit” from the earlier song and added it to Vogue.

The plaintiff VMG Salsoul LLC, who holds the copyright for "Love Break," claimed Pettibone sampled the "horn hit" from that song and used it in "Vogue." Defendants included Madonna, Pettibone and Warner Bros.

The dissenting judge, Barry Silverman, said, "In any other context, this would be called theft." Robert Besser, a lawyer for VMB Salsoul LLC told, "I agree with the dissent because it should be an infringement for copying any piece of any sound recording."

- Mayuka.